HB5122 102ND GENERAL ASSEMBLY

LRB102 24086 RJT 33309 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB5122

Introduced 1/27/2022, by Rep. Deanne M. Mazzochi

SYNOPSIS AS INTRODUCED:

105 ILCS 5/22-94 new

Amends the School Code. Defines terms. Provides that no school district is obligated to comply with any mandate in any school year in which the school district is designated as a Tier 3 or Tier 4 organizational unit with specified exceptions. Provides that before discontinuing or modifying a mandate, the school district shall conduct a public hearing separate of a regular school board meeting. Provides notice requirements for the public hearing. Provides that the discontinuation and modification of a mandate shall not be more than 5 years and while the school district is still designated as either Tier 3 or Tier 4. Provides that the voters of a school district may submit a petition to place a question on the ballot at the next regularly scheduled election to discontinue or modify a mandate. Provides that no school district that discontinues or modifies a mandate shall be limited in their authority to participate in interscholastic athletics or activities or any other extracurricular events. Effective July 1, 2022.

A BILL FOR

AN ACT concerning education.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The School Code is amended by adding Section 22-94 as follows:

(105 ILCS 5/22-94 new)

Sec. 22-94. School district mandates compliance.

(a) Definitions. For purposes of this Section only:

"School district" means any public school district that is designated by the State Board as a Tier 3 or Tier 4 organizational unit as defined by Section 18-8.15 of this Code for a particular school year.

"Mandate" means any provision of the School Code or any rule adopted by the State Board through authority given to the State Board in the School Code.

(b) Beginning with the 2022-2023 school year, no school district is obligated to comply with any mandate in any school year in which the school district is designated as a Tier 3 or Tier 4 organizational unit, except that a school district shall not discontinue or modify any mandate pertaining to special education, teacher educator licensure, teacher tenure and seniority, Section 5-2.1 of this Code, any law, rule, or regulation governed by the federal Every Student Succeeds Act, and any requirement for (i) student performance data to be a significant factor in teacher or principal evaluations or (ii) teachers and principals to be rated using the 4 categories of "excellent", "proficient", "needs improvement", or "unsatisfactory".

(c) Before discontinuing or modifying a mandate under this Section, the school district shall conduct a public hearing separate of a regular school board meeting. At least 14 days prior to the public hearing, the school board shall post on its website information that sets forth the time, date, place, the list of mandates to be discontinued or modified, and the time period for the discontinuation or modification of the mandate, which shall not be more than 5 school years. The school board shall also give notice to the overseeing regional superintendent of schools, the exclusive collective bargaining agent, and the president of any parent-teacher associations for the school or schools affected by the discontinuation or modification of the mandate. At the discretion of the school board, if more than one mandate is to be discontinued or modified, each mandate may be considered during a single public hearing or during separate public hearings if the posting requirement in this subsection is satisfied. At the public hearing, the school board shall allow for testimony from members of the public and school personnel. At the next regularly-scheduled school board meeting, the school board may take a vote to discontinue or modify the mandates discussed during the public hearing. Upon approval, the discontinuation or modification of a mandate shall be valid for a time period as described by the school board so long as the time period is no more than 5 school years and the school district remains designated as a Tier 3 or Tier 4 organizational unit. A school board may revisit the discontinuation or modification of a mandate at any time following approval and may extend the discontinuation or modification after the time period has lapsed for initial approval so long as the school board initiates the public hearing process described in this subsection (c).

(d) In addition to the process described in subsection (c), in accordance with the Election Code, the voters of a school district may submit a petition to place a question on the ballot at the next regularly scheduled election to discontinue or modify a mandate. The petition may not seek to discontinue or modify a mandate under this Section for more than 5 years and the discontinuation or modification of the mandate may be valid so long as the school district remains designated as a Tier 3 or Tier 4 organizational unit under Section 18-8.15 of this Code.

The question shall be placed on the ballot by the appropriate election authority in accordance with the Election Code if the petition is signed by no less than 5% of the electors voting in the school district's last regularly scheduled school board election.

At least 2 weeks prior to any voting beginning for the election in which the question will be submitted to the voters, notice shall be provided in a newspaper of general circulation covering the school district that describes the mandate that will be discontinued or modified. Notice shall be provided by the party or parties that submitted the petition to the appropriate election authority, and the election authority must notified the party or parties of the notice requirement upon submitting the party or parties submitting the petition.

The election authority must submit the question in substantially the following form:

"Shall (school district name and number) discontinue or modify the following State-initiated mandate (describe mandate) for the time period of (describe time period) so long as the school district remains designated as a Tier 3 or Tier 4 organizational unit under Section 18-8.15 of the Illinois School Code?"

The election authority must record the votes as "Yes" or "No."

If a majority of the electors voting on the question vote in the affirmative, then the school district shall discontinue or modify the mandate for the time period described in the ballot question.

(e) No school district that discontinues or modifies a mandate under this Section shall be limited in their authority to participate in interscholastic athletics or activities or any other extracurricular events.

Section 99. Effective date. This Act takes effect July 1, 2022.